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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
RASHEED @ SUDANI RASHEED – Appellant
Versus
THE SUPERINTENDENT, CENTRAL PRISON AND CORRECTIONAL CENTER KANNUR – Respondent
| Table of Content |
|---|
| 1. petitioners qualify for ordinary leave due to good behavior. (Para 1 , 2 , 3) |
| 2. police's general apprehensions cannot deny leave rights. (Para 4 , 5) |
| 3. leave facilitates prisoner reformation and societal reintegration. (Para 6 , 7) |
| 4. eligibility for leave should prevail over police concerns. (Para 8) |
| 5. court directs conditional grant of leave to the petitioners. (Para 9) |
JUDGMENT
The petitioners are convicts undergoing life imprisonment in the Central Prison and Correctional Home, Kannur. Petitioner Nos. 1 to 3 are accused Nos.3, 8 and 10 respectively in S.C.No.99 of 2013 on the file of the Additional Sessions Court - III, Manjeri. Since 27.04.2023, they have been undergoing sentence. The petitioners applied for ordinary leave under Rule 397 of the Kerala Prisons & Correctional Services (Management) Rules, 2014 (for short ‘the Rules’). The competent authority refused their request for ordinary leave as per Exts.P1 to P3 orders. In the impugned orders, the competent authority recorded the following findings:-
(a) The District Probation OfÏcer recommended ordinary leave of the petitioners.
(b) The District Superintendent of Police reported that if the petitioners ar
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